General Terms of Business (GTB)
§ 1 Applicability
(1) All services provided by Thaler Originalgrafik for the client are effected only on the basis of the present General Terms of Business (hereafter referred to as GTB) in the version valid at the time of order. Purchasers GTB which are adverse or divergent to ours are not accepted except if we expressly agreed to their validity in writing. Our GTB apply even if with knowledge of adverse or divergent GTB we effect the delivery to the purchaser implicitly.
(2) Consumer within the meaning of the present GTB is every natural person concluding a transaction with us that not attributable to its commercial, professional or self-employed activities (§ 13 BGB). Commercial buyers or retailers within the meaning of the present GTB are all natural or legal persons or entities which act on concluding a transaction with us in pursuance of their profession (§ 14 BGB).
(3) Your contractual partner is in any such case as you order goods or services on the website www.thaler-originalgrafik.de and the corresponding subsites Thaler Originalgrafik represented by the holder Katharina Thaler, Spinnereistraße 7, House 3, D-04179 Leipzig.
- 2 Conclusion of contract
(1) The supplies of Thaler Originalgrafik on the Internet as well as in the print catalogue constitute a non-committal request to the costumer to order goods from Thaler Originalgrafik. The unavailability of an article does not constitute a claim of the purchaser against us.
(2) With the order of the requested goods the purchaser submits a binding offer for the conclusion of a purchase contract.
(3) The purchaser receives a confirmation of receipt of the offer via email to the email adress given by the purchaser (confirmation of receipt of the order).Thaler Originalgrafik is entitled to accept the offer within 7 calendar days through transmission of a confirmation of order. The confirmation of order is transmitted via email or mail. Thaler Originalgrafik is entitled to declare the acceptance of the offer also in compelling form like the consignment of the ordered goods. The contract comes into beingupon the transmission of the confirmation of orderor the delivery of the ordered goods.
- 3 Terms of delivery
(1) The delivery of goods takes place only as long as supplies last. In case that goods are out of stock at the time of order the costumer will be informed instantly. The unavailability of an article does not constitute a damage claim of the purchaser against us.
(2) Thaler Originalgrafik delivers directly from its residence in Leipzig. The delivery occurs through forwarding of the good from stock to the address of the purchaser or to the delivery address given by the purchaser. The period of delivery within Germany should be 3 working days after transmission of the confirmation of order. This information is non-binding, as far as nothing else is agreed.
(3) We reserve the right to supply you using the most favorable shipping method.
(4) The price contains the graphics without frame. If a framing is welcome, the customer must contact Thaler original graphics.
(5) The delivered graphics are not absolutly the graphics shown on the homepage, but one of the edition (divergent numbering and version of colour possible).
- 4 Reservation of proprietary rights
The goods ordered remains the porperty of Thaler Originalgrafik until total payment has been made. Before transfer of ownership, the customer is not entitled to pledge, assign as security, process or redesign the item without explicit consent of Thaler Originalgrafik.
- 5 Pricing
(1) All prices are final prices; turnover tax is not imposed according to § 19 Abs. 1 UStG. Delivery charges are not included and are added to the price of the order. The price valid at the time of the submission of the offer by the costumer is applicable for the billing.
(2) All items are packed optimized for delivery by post – loosely rolled and stabilized or even lying, depending on the quality of the work. Information on the delivery charges for graphics and books within Germany are listed below in a table.
Deliveries will take up to 7 days after receipt of the order confirmation. Longer delivery periods can occur if the graphic is not in stock at Thaler Originalgrafik. In this case the purchaser is informed of said case within the delivery period of 7 days. Thaler Originalgrafik reserves the choice of mailing service. The delivery to retailers (incl. book trade) within the EU is charged according to individual agreements. Deliveries to countries within the EU will take up to 20 days.
(4) Shipping costs to foreign countries will be calculated completely at the moment of delivery insofar that no deviant delivery costs or a free delivery are stated explicitly in the supply offer. The shipping costs result from the supply offer you have chosen and are subject to individual agreements. Deliveries to countries outside the EU may vary widely depending on the destination country and the type of postage. Delivery may take up to 30 days. . For deliveries in countries not part of the EU may to be applied additional taxes, customs or other duties. These costs are not included in the price of the order or in the delivery charges and are to be paid on importation by the purchaser in accordance with the provisions of the respective country.
(5) For individual agreements of book trading concerning purchase and resale of books of the Lubok Verlag that are offered in the online shop of Thaler Originalgrafik please directly contact Lubok Verlag (firstname.lastname@example.org).
Shipping price of the original graphics:
|Country group||shipping classes 1||shipping classes 2||shipping classes 3||shipping classes 4|
|Germany||shipment of graphic: 18 €||shipment of graphic: 18 €||collection by arrangement is free of charge.||free of charge for a goods value starting at 500 €|
|European Union||shipment of graphic: 30 €||shipment of graphic: 30€||free of charge for a goods value starting at 500 €|
|Rest of Europe||shipment of graphic: 50€||shipment of graphic: 50€|
|North America and Canada||shipment of graphic: minimum 50€||shipment of graphic:minimum 50€||free of charge for a goods value starting at 500 €|
|Other countries worldwide||shipment of graphic:minimum 50€||shipment of graphic:minimum 50€||free of charge for a goods value starting at 500 €|
Shipping price of the originalgraphic books:
|Country group||Shipping price|
|Deutschland||shipment of books:free of charge|
|European Union||shipment of books:7,50 €|
|Rest of Europe||shipment of books according to quantity minimum7,50 €|
|North America and Canada||shipment of books according to quantity minimum7,50 €|
|Other countries worldwide||shipment of books according to quantity minimum7,50 €|
- 6 Conditions of payment
(1) The purchaser pays the price of the order (and the delivery charges?) by credit card (possible just by using Paypal/e.g. with Paypal), by Paypal or by transfer before delivery (advance payment).
(2) Cash payment and collection of the items at Thaler Originalgrafik at Spinnereistraße 7, 04179 Leipzig is also possible. The purchaser has to inform Thaler Originalgrafik of this procedure in the process of ordering. The date of collection is to be arranged via phone or in written form.
(3) The total amount is to be transfered to the indicated account within 14 days. In the event of default of payment Thaler Originalgrafik transmits a payment reminder. In the event of default of payment after receiving a payment reminder and no individual agreement between Thaler Originalgrafik and the purchaser being made Thaler Originalgrafik is entitled to cancel the order.
- 7 Notification of defects and warranty
(1) In case of apparent damage of the parcel the customer has to carry out a complaint to the carrier immediately and inform Thaler Originalgrafik about it.
(2) The customer ist obligated to examine the product immediately after the arrival and to inform Thaler Originalgrafik in case of detecting a defect. Defects occurring afterwards must be indicated to Thaler Originalgrafik as soon as they are discovered. Neglecting to inform about a possible defect leads to acceptance of the goods.
(3) The customers claims for defects against Thaler Originalgrafik are determined by the applicable provisions of the law of the Federal Republic of Germany, especially §§434 ff BGB.
(4) Deliveries with founded complaints may be returned within 14 days. Immediately upon receipt of goods we will reimburse the purchase price and the return fees to the account you designated. Please send the goods in its original packaging and via same method shipped. Additionally arising return costs, as for express or overnight shipping are not refunded.
(4) Damage to the goods that the customer has caused by improper handling or handling contrary to the terms of the contract during setting up, display or storage as well as damage which is due to natural wear are no objects of claims against Thaler Originalgrafik.
(5) Surface irregularities especially with the original graphics and original graphic books that are the result of the exceptional production process don’t establish any warranty claim. It is expected to be known that all original graphics may vary in impression and colour and (that they may) discolour due to environmental conditions. Thaler Originalgrafik does not assume any warranty or guarantee for this unchangeable process of change.
- 8 Right of revocation for customers
(1) You may revoke your contract within two weeks without giving any reasons. You can either cancel in writing (i.e. letter, fax, e-mail), or – if the item is placed at your disposal prior to the expiry of this period – by sending back the good. The grace period for revocation begins earliest upon receipt of the goods and this notification by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before we have met our information duties and other duties as defined by Civil Code (article 246 § 2 in conjucntion with § 1 para. 1 and 2 EGBGB as well as § 312e para. 1 sent. 1 BGB in conjunction with article 246 § 3 EGBGB.). To keep the period it is enough to forward the goods or the demand of withdrawal in time.
(2) Revocation and return have to be addressed to: Thaler Originalgrafik, Katharina Thaler, Spinnereistr. 7, D-04179 Leipzig E-Mail: email@example.com
(3) Effets of the revocation In the case of valid revocation the both parties must return any commodities and any advantages resulting from said commodities (e.g. interest). Should the customer not be able to return the goods or only return them partially or in a deteriorated condition then the customer will be obligated to value replacement.In the case of the item being delivered, this only has validity in as far as the deterioration of the item exclusively results from its inspection such as would be the case in a store, for example. For the rest, you may avoid any duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect its value. Goods capable of being sent by parcel post should be returned to us at our risk. You have to bear the costs of the return if the deliverd goods conform with the ordered one’s and if the price of the returning goods do not exceed an amount of 40,00 Euros. You also have to pay for the return although the price exceeds 40,00 Euros, when you have not reciprocated or performed a partial payment as contracted at the time of the revocation. Otherwise, the return shipment shall be free of charge for you. In case of goods that can not be send as a packet an individual arrangement between the purchaser and Thaler Originalgrafik is to be made. Goods that cannot be sent as parcels will be picked up by us. Obligations to refund payments must be met within 30 days. For you, the period begins upon dispatch of your statement of revocation or of the goods, for us, upon reception thereof.
- 9 Right of return for the book trade
(1) Prior to the return of books (remission) you are obliged to obtain our partner the Lubok Verlags approval. Lubok Verlag reserves the right to refuse remissions if the are unauthorized.
(2) Returns must be sent carriage paid in principle.
(3) Unless expressly otherwise agreed remissions have to be addressed to: Lubok Verlag Christoph Ruckhäberle Flossplatz 8 D-04107 Leipzig Phone/ Fax: +49 (0) 341 9999 890 E-Mail:firstname.lastname@example.org
- 10 Liability limitations
(1) Thaler Originalgrafik is liable only for damages, as far as these damages from wilful misconduct or gross negligence or from the violation of an essential contractual obligation attributable to us or to any of our employees or subcontractors.
(2) Further claims to compensation for damages shall be excluded. The regulations of the product liability law are not effected by this.
(3) According to the current state of the technology the data communication on the Internet not can be guaranteed perfectly and/or any time availably. Therefore Thaler Originalgrafik is not liable for the all-time availability of the online-shop.
(4) Although all due care is taken with regard to content, we cannot accept any responsibility for the content of externally linked sites. Sole responsibility for the content of externally linked sites is borne by the operators of these sites.
- 11 Data protection
All for the execution of the contract necessary data are stored in machine-readable form and are treated confidentially. Data will be passed on to companies retained for delivering ordered goods only to the extent that this is necessary for the complete order process. Thaler use google analytics.
- §12 Image copyright
All picture rights are owned by the artist/ the author or Thaler Originalgrafik. Use of these without express permission is prohibited. With the purchase of an original graphic you purchase the real property only. Any further rights of use are not granted. Any preproduction, distribution, leasing, providing public access or other analogue or digital utilisation is not permitted. (Of course y)You are permitted to resell the graphic. The public exhibition of the purchased art work in individual cases must be approved by the respective artist.
- 13 Jurisdiction
(1) The place of jurisdiction will be Thaler Originalgrafiks place of business, Leipzig.
(2) The laws of the Federal Republic of Germany shall apply to agreements between Thaler Originalgrafik and the customer, excluding UN purchase law.§14 Severability clause
Shall a single assignation of these general terms and conditions considered unvalid, the effectiveness of the general terms and conditions for the rest shall be without prejudice.